Osce Mechanisms and Procedures

Organization for Security and Co-operation in Europe The Secretariat Conflict Prevention Centre Vienna, 8 June 2004 Operations Planning Unit ∗ OSCE MECHANISMS AND PROCEDURES Human Dimension 1. The Vienna Mechanism 1.1. Activation up to date 2. The Moscow Mechanism 2.1. Activation up to date Politico- Military Dimension Mechanisms for Risk Reduction 3. Consultation and co-operation regarding unusual military activities 3.1. Activation up to date 4. Voluntary hosting of visits 5. Measures regarding hazardous incidents of a military nature 5.1. Activation up to date Early Warning 6. Provisions relating to early warning and preventive action 7. The Berlin Mechanism 7.1. Activation up to date Peaceful Settlement of Disputes 8. The Valletta Mechanism 9. Convention on conciliation and arbitration within the OSCE Reference documents ∗ Updated summary of all the OSCE Mechanisms and Procedures, including their activation up to date, as well as a list of the reference documents. Please note that the list may not be exhaustive. 1 Human Dimension 1. The Vienna mechanism The Vienna Mechanism, adopted at the Vienna Follow up meeting in 1989, provides for the exchange of information on questions relating to the human dimension. It consists of four separate phases, where the participating States may: I. respond to requests for information made by other participating States and exchange information relating to the human dimension; II. hold bilateral meetings (should these be requested by other participating States) with a view to examine and resolve situations and specific cases relating to the human dimension; III. notify to all participating States of situations and cases in the human dimension; IV. discuss the issues raised under the Mechanism, at the Review Conference, Human Dimension Implementation meetings, meetings of the Senior Council or Permanent Council. 1.1. Activation up to date The mechanism was activated extensively between January 1989 and April 1992, in the context of East-West relations. Some examples: 1. during 1989-1990, the UK invoked the Vienna Mechanism in relation to human rights abuses in Romania, Czechoslovakia, the GDR and Bulgaria1; 2. Turkey invoked it against Bulgaria over treatment of its Moslem minority2; 3. Hungary invoked it against Romania over treatment of the Hungarian minority in Transylvania3; 4. in 1991 it was used to draw the attention to the civil war in Yugoslavia, and the military actions of Soviet forces in Lithuania4; 5. in 1992 Austria invoked the mechanism with respect to Turkey’s treatment of its citizens of Kurdish descent in south eastern Turkey5; 6. in 1992 the Russian Federation activated the first phase of the mechanism (exchange of information) with regard to Estonian citizenship legislation6. 2. The Moscow Mechanism The Moscow Mechanism compliments and strengthens the Vienna Mechanism, and includes three procedures that are directly linked to it: the establishment of a resource list, comprising up to six experts appointed by each participating State, for a period of three to six years, that should become operational as soon as at least 45 experts have been appointed; 1 Jennifer J. Preece, National Minority Rights Enforcement in Europe: a difficult balancing act, The International Journal of Peace Studies, vol. 3 No.2, July 1998. 2 Ibid. 3 Ibid. 4 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 5 US Department of State Dispatch Supplement Vol. 3 No.6, 15 September 1992. 6 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 2 after a request for information, or for a bilateral meeting, under the Vienna Mechanism, the requesting State may suggest that the other State should invite a mission of experts (up to three) to “address a particular clearly defined question on its territory related to the human dimension”. Such a mission may gather information that is necessary for carrying out its tasks and, if appropriate, use its good offices and mediation services to promote dialogue and co-operation among interested parties. According to the state concerned, the mission could be tasked to carry out further functions, such as, inter alia, fact-finding and advisory services. Within three weeks after its establishment, the mission should submit its observations to the inviting State. The latter is requested to transmit to the participating States the observations of the mission and a description of any action it has undertaken or intends to take upon it, no later than two weeks after the submission of the observations. The observations and comments submitted by the inviting State may be discussed in the Permanent Council and be followed by any possible action. If the State refuses to establish a mission of experts within ten days, or if the requesting State judges that the issue in question has not been resolved, the requesting State may initiate the establishment of a mission of rapporteurs (up to three). A participating State with the support of at least six other participating States should initiate such a mission, and the consent of the requested state is not necessary. The rapporteurs should establish facts, report on them and give advice on possible solutions to the questions raised. The mission should then submit its report, to the participating States or States concerned two weeks after the last rapporteur has been appointed. The requested State, unless the States concerned agree otherwise, is required to transmit its observations to the OSCE Institution (ODIHR) no later than two weeks after the submission of the report. New procedures not linked with the Vienna Mechanism are the following: the voluntary invitation of a mission of experts by an OSCE participating State; the establishment of a mission of experts or rapporteurs following a decision of the Permanent Council or Senior Council, upon the request of any participating State; the establishment of an “emergency” mission of rapporteurs in cases of “a particularly serious threat” to the fulfilment of human dimension provisions, if at least ten OSCE participating States agree. 2.1. Activation up to date The Moscow Mechanism has been activated on a number of occasions: 1. in 1992 a mission of rapporteurs was sent to Croatia and Bosnia and Herzegovina, under the so-called “emergency procedures”7; 2. in 1992 Estonia invited a missions of experts to study citizenship and language legislation and its implementation8; 3. in January 1993 Moldova invited a mission of experts to study the implementation of minority rights and inter-ethnic relations9. 4. in December 2002, Germany, the USA, Austria, Canada, the United Kingdom, Greece, Ireland, Italy, Norway and Sweden promoted the establishment of a fact-finding mission 7 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 21 – CSO. Jour/2, 27 April 1992. 8 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 9 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 3 to examine the conduct of investigations resulted from the attack held on the President of Turkmenistan10. There have also been a number of failed attempts to activate this mechanism, in regard to Russia and Estonia in 199211; Turkey and Austria in 199212; the Committee of Senior Officials, which in June 1993 decided to send a mission of rapporteurs to Serbia and Montenegro to investigate human rights violations- the mission failed due to Serbia- Montenegro’s refusal to issue the necessary visas13; and Turkey and the Nordic countries in 199414. Politico-Military Dimension Mechanisms for Risk Reduction The Mechanism for Risk Reduction developed in the course of the negotiations in the framework of the Conference on Confidence- and Security- Building Measures (CSBMs) and Disarmament in Europe was for the first time set forth in the Vienna Document 199015. All its further gradual modernisation resulted in the present version contained in the Vienna Document 1999 (VD 99), Chapter III “Risk Reduction.” The Mechanism includes three main elements as follows: • the mechanism for consultation and co-operation regarding unusual military activities; • voluntary hosting of visits to dispel concern about military activities; and • co-operation regarding hazardous incidents of a military nature 3. Consultation and co-operation regarding unusual military activities The mechanism for consultation and co-operation regarding unusual military activities is a special instrument of crisis prevention in the event of a threat posed by the employment of armed forces. For this purpose, the VD-99 stipulates that States, whose armed forces are being employed in unusual and unscheduled activities outside their peacetime locations, agree to a consultation mechanism. The mechanism is triggered by a participating State's request for an explanation of the activity by other State that is a subject security concerns. The reply to the request has to be given within 48 hours. In the second phase of this mechanism, every state involved may request a meeting of the States concerned with the participation, if required, of other participating States. The OSCE’s CiO will chair the meeting. Should the matter not be clarified or settled, one of the states directly involved has the right (in the third and final phase) to request a meeting of all 10 OSCE- PC.DEL/1025/02, 20 December 2002. 11 J. Cohen, Conflict Prevention in the OSCE, an Assessment of Capacities, Chapter 3, October 1999. 12 Ibid. 13 Ibid. 14 Ibid. 15 As a supplement to the arrangements for Risk Reduction, as well as to supplement and enhance the capabilities outlined in Chapter III of the Helsinki Document 1992, in 1993 the participating States also adopted a catalogue of Stabilising Measures for Localised Crisis Situations. The catalogue is intended to facilitate the decision–making in the appropriate OSCE bodies, and the search for specific measures for temporary application in support of the political process.

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